WAIVER FOR NON-FRAUD OVERPAYMENT
What is a waiver?
A waiver forgives part, or all, of the overpayment debt accrued by an unemployment claimant.
An overpayment may be eligible for a waiver if:
- There was an unintentional error on the part of the claimant, employer, or CTDOL.
- There was no attempt to obtain unemployment benefits to which the claimant knew they were not eligible (fraud).
- The Employment Security Appeals Division reverses a decision to grant unemployment benefits and that leaves the claimant with an overpayment debt.
Can I get a waiver?
Waivers may be considered for non-fraud overpayments only. CTDOL notifies claimants that they may be eligible for a waiver during the pre-determination process and sends a questionnaire that the claimant fills out and returns.
Issuing a waiver is up to CTDOL adjudicators and Appeals Division referees. Some circumstances that may contribute to receiving a waiver include:
- A mental or physical condition which would significantly reduce opportunity for employment.
- An error on the part of CTDOL or the Appeals Division.
- Claimant bankruptcy.
- In the event of the claimant’s death as requested by the claimant’s estate.
- Economic circumstances.
The questionnaire and hearing request must be completed and returned together to CTDOL within 14 days of the mail date (this is on the upper right corner of the pre-determination letter.)
I didn’t get a questionnaire with my pre-determination letter.
Claimants who didn’t receive a waiver questionnaire may not be eligible for a waiver. Call the Consumer Contact Center with questions.